DOCSLIB.ORG

Public Sector Labor Relations in the District of Columbia

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Public Sector Labor Relations in the District of Columbia Catholic University Law Review Volume 28 Issue 4 Article 6 1979 Public Sector Labor Relations in the District of Columbia Bruce Comly French Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Bruce C. French, Public Sector Labor Relations in the District of Columbia, 28 Cath. U. L. Rev. 753 (1979). Available at: https://scholarship.law.edu/lawreview/vol28/iss4/6 This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. PUBLIC SECTOR LABOR RELATIONS IN THE DISTRICT OF COLUMBIA Bruce Comfy French* In the fall of 1978, the District of Columbia City Council enacted the District of Columbia Government Comprehensive Merit Personnel Act of 1978.' As mandated by the Congress in provisions of the 1973 Home Rule Act,2 this complex statute will be the basis of all future personnel policies of the District government. The Personnel Act covers all aspects of personnel policy, including clas- sification of positions and compensation - setting schemes,3 standards of employee conduct and discipline,4 occupational safety and health pro- grams for public employees,5 and employee benefit programs.6 The most * Assistant Professor of Law, Claude W. Pettit College of Law, Ohio Northern Uni- versity, Ada, Ohio. B.A., The American University 1969; M.A., The American University 1970; J.D., The Antioch School of Law 1975. Member, Bars of the District of Columbia and Pennsylvania 1. District of Columbia Government Comprehensive Merit Personnel Act of 1978, D.C. Law No. 2-139 (March 3, 1978)(original version at 25 D.C. Reg. 7450 (1978))(to be codified in scattered sections of the D.C. Code) [hereinafter cited as Personnel Act]. 2. District of Columbia Self-Government and Governmental Reorganization Act, D.C. CODE ANN. §§ 101-771 (1973 & Supp. 1978) [hereinafter cited as Home Rule Act]. This Act delegates Congress' plenary authority over local matters to a popularly elected mayor and council. Council actions of a permanent legislative nature, however, require congressional review. D.C. CODE ANN. § I-147(c)(1) (1973 & Supp. 1978): as amended by Pub. L. No. 95-526, § 2, 92 Stat. 2023 (1978). Section 422(3) of the Home Rule Act man- dated consideration and adoption by the Council of a comprehensive merit personnel sys- tem for the District government and provided: The District government merit system shall be established by act of the Council. The system may provide for continued participation in all or part of the Federal Civil Service System and shall provide for persons employed by the District gov- ernment immediately preceding the effective date of such system personnel bene- fits, including but not limited to pay, tenure, leave, residence, retirement, health and life insurance, and employee disability and death benefits, all at least equal to those provided by legislation enacted by Congress, or regulation adopted pursuant thereto, and applicable to such officers and employees immediately prior to the effective date of the system established pursuant to this Act. D.C. CODE ANN., § 1-162(3) (1973 & Supp. 1978). 3. See Personnel Act, supra note 1, at §§ 1101-1114. 4. Id §§ 1601-1603 & 1801-1803. 5. Id. §§ 2001-2008. 6. Id §§ 2101-2202 & 2601-2602. Catholic University Law Review [Vol. 28:753 significant feature of the Personnel Act, however, is its provision for com- prehensive collective bargaining between the city government and recog- nized employee organizations.7 Thus, the prior statutory procedures for managing the personnel practices of more than 35,000 local government employees will be replaced by a system of collective bargaining over mat- ters affecting compensation' and working conditions.9 This new bargain- ing model will move the District's personnel system away from the federal civil service system, after which the D.C. system has been patterned for 0 forty-five years.' This article will focus upon the problem areas associated with the devel- opment of the labor-management relations program. It will discuss the creation of the Public Employee Relations Board [PERB] and explore col- lective bargaining policies, emphasizing the interaction and interpretation of statutes that directly affect the labor relations program." Finally, con- flicting provisions will be harmonized and, where necessary, amendatory 2 language will be suggested.' 7. One explicit purpose of the Personnel Act is to establish a "positive policy of labor- management relations including collective bargaining between the District of Columbia government and its employees," Id. § 103(a)(6). The introductory note also states that "an effective collective bargaining process is in the general public interest and will improve the morale of public employees and the quality of service to the public." These two policy statements, when coupled with the express preemptive provisions of the Act, give life to the developing collective bargaining process authorized between management and labor repre- sentatives under the Personnel Act. 8. See notes 120-42 and accompanying text infra. The Personnel Act honors existing labor contracts, which generally authorize only bargaining over terms and conditions of employment. When the new personnel system is fully effective after January 1, 1980, all recognized exclusive representatives of "occupational groups" will be authorized to bargain over matters affecting compensation. In the interim, compensation plans will be set by the mayor, or one of the educational boards subject to the Council's approval. 9. See notes 89-105 infra. 10. The District's former personnel system, a mixture of various federal enactments and intergovernmental orders, stems partly from an Executive Order issued by President Hoover in 1930. Title V of the United States Code also specifically refers to the District of Columbia government. See generally Personnel Act, supra note 1, at § 3202. Other provisions of fed- eral and D.C. law affecting District employees were amended or repealed by provisions of Title XXXII of the Personnel Act. Id §§ 3201-3208. The District Personnel Manual (DPM), issued by the mayor, comprises the set of rules and regulations governing personnel policy for most executive agencies. The DPM is available for review at the Office of Person- nel, Executive Office of the Mayor of the District of Columbia, 613 G Street, N.W., Wash- ington, D.C. 20001. II. This article will focus on the Act's two specific labor relations provisions: title V, which creates the Public Employee Relations Board [PERB] and title XVII, which outlines a labor-management relations program, and § 1113, which outlines provisions of the classifi- cation and compensation title affecting collective bargaining concerning compensation. 12. The complete text of the proposed amendatory act is set forth in Appendix A infra. 1979] Public Sector Labor Relations I. CONSIDERATION OF PERSONNEL LEGISLATION BY THE COUNCIL In January, 1976, the Council began considering legislation that would ultimately form the basis of the Personnel Act. Throughout the year sepa- rate personnel-related bills were introduced, and public hearings and roundtable discussions were held.' 3 In December, 1976, Councilmember Arrington Dixon introduced a comprehensive merit personnel act' 4 that was reintroduced at the start of the next legislative term.' 5 Dixon's bill, and a companion measure introduced on behalf of Mayor Walter Wash- ington,16 served as the legislative vehicles for the 1978 Personnel Act. The Committee on Government Operations, chaired by Dixon, had considered a broad range of potentially useful personnel policies. 17 Subsequent Council floor consideration of the measure on July 25 and October 17 and 31, 1978, only concentrated on two aspects of the labor relations titles: those relating to the structure of the PERB and to the collective bargaining rights of fire fighters and police officers over minor disciplinary matters.' 8 13. COMMITTEE ON GOVERNMENT OPERATIONS, COUNCIL OF THE DISTRICT OF CO- LUMBIA, REPORT ON BILL No. 2-10, DISTRICT OF COLUMBIA GOVERNMENT COMPREHEN- SIVE MERIT PERSONNEL ACT 10 (Comm. Print No. 4, 1978) [hereinafter cited as Comm. Print No. 4]. 14. District Government Independent Merit Personnel Act, Council Bill No. 1-407, 23 D.C. Reg. 3891 (1976). 15. District Government Independent Merit Personnel Act, Council Bill No. 2-10, 23 D.C. Reg. 4488 (1977). 16. An Act to Establish a Merit Personnel Act for Employees of the District of Colum- bia Government, Council Bill No. 2-80, 23 D.C. Reg. 6463 (1977). 17. See Comm. Print No. 4, note 13 supra. Committee mark-up sessions were held on October 19, 21, 26, 28; November 2, 4, 16, 28, 1977; January 4, 18, February 1, 17; March 1, 15; April 19; May 3, 17, June 7, 17; and July 5, 1978. 18. For comments concerning the composition of the PERB, see note 39 infra. The relationship of sworn members of the police and fire departments (e.g., those officers who actually perform uniformed or plainclothes police work or uniformed fire fighting work) to the Career Service, created in title VIII of the Personnel Act, supra note 1, at § 801, was controversial from the beginning. Following the Committee on Government Operations public hearing on April 7, 1977, a committee staff discussion bill was prepared, representing an apparent consensus of opinion of those testifying at the public hearing. See Committee Discussion Draft No. 1, 24 D.C. Reg. 443 (1977). Title VIII(B) of this discussion bill pro- vided for a separate fire and police service. At the Committee's meeting on October 26, 1977, the Director of Personnel recommended elimination of the separate fire and police title with the caveat that minor adjustments be made to the definitions of "cause for removal" from the Career Service.
Load more

Recommended publications
  • Extensions of Remarks E1815 EXTENSIONS of REMARKS
    September 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1815 EXTENSIONS OF REMARKS PERSONAL EXPLANATION HONORING THE MEMORY OF THE Keep and Bear Arms Act also expresses the HON. CARLISLE MCCLURE, JR. sense of Congress that proposals to tax, or HON. MARK UDALL otherwise limit, the right to keep and bear HON. JO BONNER arms are ‘‘reprehensible and deserving of con- OF COLORADO OF ALABAMA demnation.’’ IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Over the past decade, the UN has waged a Wednesday, September 17, 2003 Wednesday, September 17, 2003 campaign to undermine the right to keep and Mr. UDALL of Colorado. Mr. Speaker, be- Mr. BONNER. Mr. Speaker, the other day I bear arms, which is protected by the Second cause of a famiIy medical emergency that re- lost a dear friend, Carlisle McClure, Jr., and I Amendment of the US Constitution. UN Sec- quired me to remain in Colorado last week, I rise today to honor him and pay tribute to his retary-General Kofi Annan has called on mem- was unable to participate in a number of re- memory. bers of the Security Council to ‘‘tackle’’ the corded votes. Had I been present for those Elected to the Monroe County Commission proliferation and ‘‘easy availability’’ of small votes, I would have voted as follows: at a young age, Carlisle dedicated his entire arms and light weapons. Just this June, the H.R. 2989, Transportation, Treasury, and adult life to the betterment of his home county UN tried to ‘‘tackle’’ gun rights by sponsoring Independent Agencies Appropriations: Rollcall and to the great state of Alabama.
    [Show full text]
  • Finding Aid to the Historymakers ® Video Oral History with the Honorable Sharon Pratt
    Finding Aid to The HistoryMakers ® Video Oral History with The Honorable Sharon Pratt Overview of the Collection Repository: The HistoryMakers®1900 S. Michigan Avenue Chicago, Illinois 60616 [email protected] www.thehistorymakers.com Creator: Kelly, Sharon Pratt, 1944- Title: The HistoryMakers® Video Oral History Interview with The Honorable Sharon Pratt, Dates: January 29, 2008 and July 26, 2007 Bulk Dates: 2007 and 2008 Physical 11 Betacame SP videocasettes (5:09:29). Description: Abstract: Mayor The Honorable Sharon Pratt (1944 - ) was the first African American woman to become mayor of Washington, D.C. Pratt was interviewed by The HistoryMakers® on January 29, 2008 and July 26, 2007, in Washington, District of Columbia. This collection is comprised of the original video footage of the interview. Identification: A2007_214 Language: The interview and records are in English. Biographical Note by The HistoryMakers® Former Washington, D.C. Mayor Sharon Pratt was born on January 30, 1944 in Washington, D.C. Pratt is the daughter of Mildred Petticord and Carlisle Edward Pratt. Pratt graduated from Roosevelt High School in 1961 and earned her B.S. degree in political science in 1965 from Howard University. Pratt attended Howard University Law School where she earned her J.D. degree in 1968. Pratt served as in-house counsel for the Joint Center for Political Studies from 1970 to 1971. From 1971 to 1976, she worked as an associate for the law firm Pratt & Queen PC. In 1972, Pratt became a law professor at the Antioch School of Pratt & Queen PC. In 1972, Pratt became a law professor at the Antioch School of Law in Washington, D.C., and worked there until 1976 when she became the Associate General Counsel for the Potomac Electric Power Company, known as PEPCO.
    [Show full text]
  • Finding Aid to the Historymakers ® Video Oral History with Charlene Drew Jarvis
    Finding Aid to The HistoryMakers ® Video Oral History with Charlene Drew Jarvis Overview of the Collection Repository: The HistoryMakers®1900 S. Michigan Avenue Chicago, Illinois 60616 [email protected] www.thehistorymakers.com Creator: Jarvis, Charlene Drew Title: The HistoryMakers® Video Oral History Interview with Charlene Drew Jarvis, Dates: June 13, 2003 Bulk Dates: 2003 Physical 5 Betacame SP videocasettes (2:22:59). Description: Abstract: University president Charlene Drew Jarvis (1941 - ) was the president of Southeastern University and was a member of Washington, D.C. City Council for twenty-one years. Jarvis was interviewed by The HistoryMakers® on June 13, 2003, in Washington, District of Columbia. This collection is comprised of the original video footage of the interview. Identification: A2003_131 Language: The interview and records are in English. Biographical Note by The HistoryMakers® Charlene Drew Jarvis was born in Washington, D.C., on July 31, 1941. The second of four children, her mother was an economist and her father, Dr. Charles Drew, was the noted blood bank pioneer. After graduating from Roosevelt High School in 1958, Jarvis earned her B.A. from Oberlin College in 1962. She went on to Howard University to earn her M.S. in 1964, and in 1971 she earned her Ph.D. from the University of Maryland. Jarvis began her career in 1965 as a pre-doctoral fellow at the National Institute of Mental Health, and after earning her Ph.D. she remained there as a research Mental Health, and after earning her Ph.D. she remained there as a research scientist until 1978. The following year, Jarvis was elected to the City Council of the District of Columbia, where she served for twenty-one years.
    [Show full text]
  • 10 Distribution and Notification List
    Distribution and Notification List 10 10 Distribution and Notification List 10.A Draft EIS Distribution List Federal The Honorable Eleanor Holmes Norton The Honorable Maria Cantwell House of Representatives Chair, Subcommittee on Oceans, Washington, DC 20515-5100 Atmosphere, Fisheries and Coast Guard Committee on Commerce, Science, and The Honorable Barbara Boxer Transportation Chairman, Committee on Environment & United States Senate Public Works Washington, DC 20510 United States Senate Washington, DC 20510 The Honorable Robert C. Byrd Chairman, Committee on Appropriations The Honorable Joseph I. Lieberman United States Senate Chairman, Committee on Homeland Security Washington, DC 20510 and Governmental Affairs United States Senate The Honorable Richard Durbin Washington, DC 20510 Chairman, Subcommittee on Financial Services and General Government The Honorable Max Baucus Committee on Appropriations Chairman, Subcommittee on Transportation United States Senate & Infrastructure Washington, DC 20510 Committee on Environment & Public Works United States Senate The Honorable Henry A. Waxman Washington, DC 20510 Chairman, Committee on Oversight and Government Reform The Honorable Daniel K Akaka House of Representatives Chair, Subcommittee on Oversight of Washington, DC 20515 Government Management, Federal Workforce, and the District of Columbia The Honorable Bennie G. Thompson Committee on Homeland Security and Chairman, Committee on Homeland Security Governmental Affairs House of Representatives United States Senate Washington, DC 20515
    [Show full text]
  • Metropolitanva00 Washington Mdregional77 Directorydc 2007 Metropolitan Washington Council of Governments Participating Jurisdictions
    metropolitanVA00 washington MDregional77 directoryDC 2007 Metropolitan Washington Council of Governments Participating Jurisdictions 2007 Metropolitan Washington Council of Governments Regional Directory 2 3 2007 Metropolitan Washington Regional Directory Table of Contents Metropolitan Washington Council of Governments Background...................................................................................................................................................4 Membership..................................................................................................................................................4 Board.of.Directors.........................................................................................................................................5 Policy.Boards.and.Committees.....................................................................................................................7 Public-Private.Partnerships..........................................................................................................................13 Technical.Committees................................................................................................................................15. Administrative.Staff.....................................................................................................................................17. Area Local Governments Alexandria,.Virginia....................................................................................................................................18
    [Show full text]
  • Host Committee Events
    DC “BELIEF” HOST COMMITTEE E-V-E-N-T-S DC “BELIEF” HOST COMMITTEE P-R-E-S-S R-E-L-E-A-S-E FOR IMMEDIATE RELEASE Sunday, October 13, 2015 Contact: Lyndia Grant, Chair Contact: Rev. Dr. Unnia Pettus Call: 240-602-6205/cell Call: 202-696-2790 What Do YOU Believe? WHO: Join the DC "Belief" Host Committee this week as we celebrate Oprah Winfrey’s “Belief” Series. Delighted to join folks from around the world in promoting this docu-series. An occasion such as this is rare, therefore, it is with great pride that I invite each of you to tune in. WHAT: Oprah Winfrey presents this exciting new 7-day series entitled "Belief," a groundbreaking, international television event exploring humankind's ongoing search to connect with something greater than ourselves. This original series invites viewers to witness some of the world’s most fascinating spiritual journeys through the eyes of the believers. Per Oprah Winfrey, she said "For several years, my team and I have traveled to 33 countries to film the BELIEF's of all races, colors, creeds, religions; in an effort to show how somehow, we are all very much alike!” Journeying to the far reaches of the world, and to places cameras have rarely been, “Belief” searches the origins of diverse faiths and the heart of what really matters. From the epic to the intimate, webbed throughout each hour are stories of people on spiritual journeys, taking them to sacred spaces. WHEN: The docu-series will air on the Oprah Winfrey Network (OWN) nightly at 8:00pm, from Sunday, October 18 – Saturday, October 24, 2015.
    [Show full text]
  • CONGRESSIONAL RECORD— Extensions of Remarks E1825 HON
    September 17, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1825 District of Illinois. Construction first began on mentor, Coach James ‘‘Doc’’ Councilman. as an assistant swim coach. His leadership the Electric Energy, Incorporated Joppa loca- While coaching at Indiana, Don obtained a and trust in his students garnered high school tion on February 15, 1951. Since the first syn- masters degree in physical education. He then All Americans, state championships, and chronization on April 10, 1953, Electric En- accepted a coaching position at Proviso East Olympic gold and silver medalists. I was made ergy, Incorporated has been producing coal High School in Maywood, Illinois. Although the to feel part of his family and given a lot of re- generated energy to serve the needs of south- school’s swimming program had been virtually sponsibility as a young coach. I only left to join ern Illinois. non-existent, after three short years of dedica- naval aviation and fight in the Vietnam War. I am proud to represent Electric Energy, In- tion and countless hours of practice, Don led Much of what Don Watson taught me about corporated and to share in this special anni- Proviso East to an impressive eighth place fin- team work, caring for the people you work versary with them. I thank them for all they do ish in the Illinois State meet. with, and the drive to win helped me both in to provide energy to southern Illinois and this In 1963, Don accepted a position as assist- the Navy and now as a U.S. Congressman. It great nation and wish them many successes ant swimming coach at Hinsdale Central High pains me to not be able to join this celebration in the years to come.
    [Show full text]